(1) Energy Sales Marketing Ltd (The Company)
(The Independent Sales Consultant)
In consideration of the mutual terms and conditions set forth herein; the company represents clients in the financial, utilities and telecommunications industries to market and sell their relevant products and services to consumers through home or events based solicitations; and the Independent Sales Consultant is interested in the marketing and sale of products and services for the Company’s clients through home or events based solicitations; now therefore, the parties to this Agreement agree as follows;
1. The Independent Sales Consultant will market and sell the relevant products and services on behalf of the Company’s clients. The Independent Sales Consultant understands that the Company will not provide the Independent Sales Consultant with leads. 2. The Independent Sales Consultant may arrange for the marketing and sales work detailed within Term 1 to be carried out by appropriate substitutes. The Independent Sales Consultant will ensure that such substitutes are suitably vetted and comply with any necessary training and registration requirements of the client. 3. The Independent Sales Consultant understands that the Company’s clients may restrict the Company from selling their product and services to consumers outside a geographical area. The Company shall notify the Independent Sales Consultant when a restriction on a geographical area applies, and the Independent Sales Consultant agrees that he/she, or their substitutes, will not sell outside the designated geographical area to preserve the integrity of the chain of supply. 4. The Independent Sales Consultant agrees to submit to the Company all completed orders/contracts in accordance with the terms detailed on those orders/contracts at the time of completion. 5. The Company shall pay commission only to the Independent Sales Consultant on each sale made by the Independent Sales Consultant or their substitutes of the Company’s products/applications as outlined in Commissions and policies, shall be paid at a rate to be agreed with the Independent Sales Consultant. 6. This agreement shall continue in force and effect until terminated by either party verbally or in writing without prior notice. Title to the documents and data will at all times vest in the Company and upon termination, for whatever reason, the Independent Sales Consultant shall within five working days of termination of this Agreement, deliver unto the Company at the address stated above all documents, data, tools and equipment and any and all copies thereof in his/her possession or under his/her control. 7. The Company may provide the Independent Sales Consultant with items and equipment as requested by the Client. Title to the items and equipment referred to within this Clause will at all times vest in the Client and shall be returned to the Company for safe keeping by the Independent Sales Consultant at the end of each working day. The Independent Sales Consultant shall remain liable for damages and losses to such items whilst in the Independent Sales Consultant’s control. 8. The Independent Sales Consultant will provide the Company with a commission statement of all new confirmed customers obtained by the Independent Sales Consultant or their substitutes. Any variances between the commissions should be notified to the Company by the Independent Sales Consultant within fourteen (14) days of the invoice date. 9. This Agreement sets forth the entire agreement and understanding between the Company and the Independent Sales Consultant and supersedes any prior negotiations, commitments and agreements, expressed or implied, whether verbally or in writing, with respect to the subject matter of this Agreement. Further, this Agreement may only be changed or modified by an agreement in writing signed by the Director of the Company and the Independent Sales Consultant. 10. Nothing in this Agreement shall be interpreted as meaning that the Independent Sales Consultant or their substitutes are employees of the company. 11. Nothing in this Agreement shall be deemed to permit the Independent Sales Consultant or their substitutes to conduct business in the name of, or on the account of the Company or its clients, or to incur or assume any expense, debt, obligation, liability or responsibility on behalf of, or in the name of the Company or its clients, or bind the Company or its clients in any way whatsoever. 12. The Independent Sales Consultant, during the term of this Agreement, will have access to and become acquainted with confidential information, including pricing, client information, the identity of the leads